VAN METER v. BENT CONSTRUCTION CO.

Docket No. L.A. 23369.

46 Cal.2d 588 (1956)

297 P.2d 644

MORRIS S. VAN METER, Appellant, v. BENT CONSTRUCTION COMPANY (a Partnership) et al., Respondents.

Supreme Court of California. In Bank.

June 1, 1956.


Attorney(s) appearing for the Case

Higgs, Fletcher & Mack and Ferdinand T. Fletcher for Appellant.

Procopio, Price, Cory & Schwartz, Hill, Farrer & Burrill, Alec L. Cory and Stanley S. Burrill for Respondents.


GIBSON, C.J.

Defendants contracted with the city of San Diego to construct a dam and remove brush and trees from the reservoir basin, and thereafter they entered into a subcontract with plaintiff for clearance of the basin, representing to him that the area to be cleared had been marked with flags. Plaintiff later discovered that the flagged area covered only a part of the reservoir basin, and he notified defendants that...

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